August 27, 2021

Summary judgment in a slip-and-fall case.

The plaintiff's inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant's negligence, if any, proximately caused the plaintiff's injuries would be based on speculation.

Hughes v. Tower Crestwood 2015, LLC, NY Slip Op 04705 (2d Dep't August 19, 2021)

Here is the decision.

Tomorrow's issue: Vacating a default in answering.